The State of Michigan Land Division Act regulates the separation of land into two or more parcels. If you have a piece of property that you’re thinking of “splitting” keep reading below for the basics of dividing your land in Michigan.

Things to Know

• Land divisions are subject to local government review
• A local tax assessor or zoning administrator approves land division requests
• Parcels divisions use terminology such as “parent parcel” and “child parcel”
• The “parent parcel” is whatever the shape and size the parcel was as of March 31st, 1997
• The “child parcel” describes the newly divided resulting parcels
• Divisions can be re-divided after 10 years has passed

The Land Division Act allows for divisions based on parcel size.

If the original “parent parcel” is:

• 40-49.9 acres = 7 divisions are allowed
• 30-39.9 acres = 6 divisions are allowed
• 20-29.9 acres = 5 divisions are allowed

If the “parent parcel” has already been divided previously, it is important to know:

1. how many divisions are allowed?
2. how many divisions have already been approved?
3. how many divisions have been transferred to other owners as the result of a property transfer/ sale?

Example:

Landowner Johnson owns a 40-acre parent parcel (7 divisions allowed). Johnson split the property into two 20-acre child parcels (1 division). Johnson has 6 divisions remaining. Johnson sells one of the 20-acre parcels granting 2 divisions. Johnson has 4 divisions remaining for the one 20-acre parcel.

Local Authority Approval

The landowner should always consult with the local land division authority (the local tax assessor or zoning administrator) to verify the amount of divisions remaining. That authority will also have several criteria (MCL 560.109) that must be met before the land division can be approved.

Division Requirements

1. Adequate and accurate legal description
2. Cannot be narrower than 4:1 (depth to width ratio for parcels less than 10 acres)
3. Meet local zoning ordinance minimum width requirements
4. Meet local zoning ordinance minimum parcel size requirements
5. Be accessible by public or private road, easement, or similar means
6. Cannot exceed the maximum number of divisions (or re-divisions) for the parent parcel
7. Adequate easements for public utilities
8. Is not land-locking a cemetery
9. Cannot have unpaid property taxes and/or unpaid special assessments due for the last 5 years

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Resources:

• MSU Extension
• Land Division Act

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